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LimeGreenIP News

Helen Xia

Posts by Helen Xia

Post-INTA roundup: China’s evolving IP landscape

During this year’s 2019 INTA Annual Meeting, our Greater China IP team discussed the following key issues around China’s evolving IP landscape. What’s in store for brand owners in China? Partner, Helen Xia discussed recent updates on strategies to curb trademark hijacking and factors leading up to this phenomenon. In recent years, China has had a

Lightning fast IP reform in China: Trademark Law and Anti-Unfair Competition Law amended

On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended.  The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement, while the changes to the AUCL are aimed at improving the protection for trade secrets. The changes to the TML will

China: Would a rose by any other word taste as sweet? Blocking rose-shaped chocolate monopoly in a complex trademark & OEM dispute

Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark infringement claim before a Chinese court. The case involves cutting-edge IP issues such as the distinctiveness and infringement assessment for 3D-trademarks, and

What you need to know about China’s new Regulations on interim injunctions in IP cases

China’s Supreme People’s Court recently passed its new “Regulations on Certain Issues on the Application of Law for Conduct Preservation in Trials of Intellectual Property Disputes” (“最高人民法院关于审查知识产权纠纷行为保全案件适用法律若干问题的规定”, “Regulations”). The Regulations came into effect on 1 January 2019. The Regulations apply to applications for interim injunctions (which includes both preliminary and interlocutory injunctions, in Chinese “诉前禁令”

China Trademarks: 2018 Highlights & 2019 Forecast

Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification on OEM trademark infringement; and the first court appeal granting registration of a sound mark. This year, further developments are expected with; the

China: Three Cyberspace Courts now online and open for business

On 9 August and 28 September 2018, the new Cyberspace Courts in Beijing and Guangzhou were officially opened. These new specialised courts, along with their equivalent one that was formed in Hangzhou in August 2017, are meant to tackle the quickly swelling stream of internet-related court procedures in China. The establishment of these specialised courts

China IP litigation and prosecution statistics: taking a step back to see the bigger picture.

According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. In this article, we provide an overview of those combined statistics, and analyze how this might have an impact on your business in China.   China IP litigation numbers

Total Brand Care: How to legally obtain your desired brand

Brands can use trademarks to gain a competitive advantage in today’s crowded marketplace.  An iconic trademark can be one of your biggest assets; a core component of your identity; and a practical solution to prevent others profiting from your success.  But navigating the complexities of trademark law around the world is a challenge for many brands. 

Brand Benchmarking 2018: Trademark challenges and opportunities in China

In the first of a series of articles looking in more depth at the findings of the Brand Benchmarking 2018 report, we examine trends in China and East Asia. East Asia (comprising China, Japan, Korea and Taiwan) features prominently in the latest Brand Benchmarking report, while China specifically tops the list of challenging jurisdictions but

China: Has the dust settled on OEM trademark infringement?

China’s SPC reaffirms that OEM does not infringe on Chinese trademarks In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in its November 2015 landmark ruling in the Pretul case, holding that branded

Q&A: Why you should consider registering your copyright in China

While not compulsory, getting a copyright registration in China can offer many benefits to IP owners. This article will give an overview of the copyright registration system in China. Copyright registration is also available in some other Asian countries such as Japan and Vietnam. Why register? Copyright ownership in China arises automatically, upon completion of

China issues its second Draft E-Commerce Law

On 7 November 2017, the Standing Committee of the National People’s Congress (“NPC“) published the second draft of the E-commerce Law (电子商务法(草案二次审议稿), “Draft“).  The goal of the Draft is to regulate China’s burgeoning e-commerce sector, and thereby facilitate growth, maintain “market order”, and eradicate scams and counterfeits. It is particularly striking that the Draft was

First Cyberspace Court set up in China: the Chinese judiciary enters the digital age

China’s first Cyberspace Court was inaugurated on Friday 18 August in Hangzhou, Zhejiang Province. Going forward, this new court will handle all internet-related disputes in all districts of Hangzhou through a fully digitalized, online procedure. The establishment of a specialized cyberspace court in China’s internet capital Hangzhou is an encouraging step for the Chinese internet

China’s OEM jurisprudence 1.5 years after the Pretul case: OEM use may still infringe upon Chinese trademarks

Original equipment manufacturing (OEM) is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China, which is often branded “the factory of the world”, OEM is big business. However, from a trademark

Every cent counts: China slashes certain IP application fees as of 1 April

Reduced filing fees finally come to China! On 15 March 2017, the National Development and Reform Commission and Ministry of Finance jointly issued a notice (财税 [2017] No.20, “Notice”) to reduce filing fees for various IP registrations.  The reduced fees came into force on 1 April 2017. The reduced or waived administrative fees will certainly be beneficial for